[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Rules and Regulations]
[Pages 64951-64953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26438]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-1096; FRL-9215-8]
Approval and Promulgation of Implementation Plans; Illinois;
Voluntary Nitrogen Oxides Controls
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On May 1, 2001, the Illinois Environmental Protection Agency
(Illinois EPA) submitted a request for EPA approval of a State
Implementation Plan (SIP) revision for regulations governing Nitrogen
Oxides (NOX) emission allowances granted for implementation
of voluntary control of NOX emissions from sources other
than those covered by other Illinois NOX emission control
regulations. On March 4, 2008, EPA proposed to disapprove the requested
SIP revision. This final rule completes the disapproval of the
requested SIP revision.
DATES: This final rule is effective on November 22, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2007-1096. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. We recommend that you telephone Edward
Doty, Environmental Scientist, at (312) 886-6057 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6057,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What action is EPA taking?
II. Did anyone comment on the proposed disapproval of the state's
SIP revision request?
III. Illinois' Voluntary Nitrogen Oxides Control Rule
IV. Why did EPA propose to disapprove this rule as a SIP revision?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is disapproving a requested Illinois SIP revision, submitted on
May 1, 2001, which would have incorporated a rule governing
NOX emission allowances (estimation and crediting of
NOX emission reductions as emission allowances for use in a
national, Federally-operated NOX emissions trading program)
resulting from the application of voluntary NOX emission
reductions at source facilities not subject to Illinois' existing
NOX emission control rules. This rule is specified/codified
in Illinois' 35 Illinois Administrative Code (IAC), part 217, subpart X
(the Subpart X rule).
II. Did anyone comment on the proposed disapproval of the state's SIP
revision request?
No comments were received during the 30-day comment period on the
proposed disapproval of the Subpart X rule as an Illinois SIP revision.
The proposed rule was published on March 4, 2008 (73 FR 11565).
III. Illinois' Voluntary Nitrogen Oxides Control Rule
On May 1, 2001, the Illinois EPA submitted 35 Illinois
Administrative Code (IAC), part 217, subpart X as a requested revision
of the Illinois SIP. The Subpart X rule provided for the determination
and crediting of NOX emission reductions resulting from the
voluntary application of NOX emission controls as
NOX emission allowances that could be sold in a national
NOX emission allowance trading system. A detailed
description of the Subpart X rule and its subparts can be found in our
proposed rule published in the Federal Register on March 4, 2008 (73 FR
11566).
IV. Why did EPA propose to disapprove this rule as a SIP revision?
Our March 4, 2008, proposed rule contained a number of comments
specific to each subpart of the Subpart X rule (73 FR 11573). Based on
the more detailed comments and concerns raised in the proposed rule, we
had the following general concerns regarding the Subpart X rule: (1)
The Subpart X rule would unacceptably grant NOX emission
allowances for source closures; (2) the rule does not prevent crediting
of facility-specific NOX emission reductions resulting from
shifting of production and NOX emissions from one facility
to another; (3) the rule establishes an emission baseline year (from
which NOX emission allowances are earned through subsequent
NOX emission reductions), 1995, that is too far in the past,
prior to the State's adoption of the Subpart X rule and prior to the
baseline year used for other sources involved in EPA's NOX
Budget Trading Program; (4) the rule
[[Page 64952]]
unacceptably allows the use of 40 CFR part 60 emission monitoring
requirements rather than 40 CFR part 75 monitoring requirements
required of other sources involved in the NOX Budget Trading
Program; and, (5) the rule contains other minor deficiencies as noted
in our March 4, 2008, proposed rule. Together, these problems led us to
propose disapproval of the Subpart X rule as a revision to the Illinois
SIP.
We have received no public comments or additional supporting
documentation from the State that reverses or negates the above
concerns. Therefore, these concerns remain as the bases for this final
action.
V. Final Action
EPA is disapproving Illinois' 35 Illinois Administrative Code
(IAC), part 217, subpart X rule submitted as a requested SIP revision
on May 1, 2001.
VI. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves State law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by State law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under State
law and does not impose any additional enforceable duty beyond that
required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a State rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act (CAA).
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a State rule implementing a
Federal Standard.
National Technology Transfer Advancement Act
In reviewing State submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a State submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a State
submission, to use VCS in place of a State submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 20, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.
Dated: October 7, 2010.
Susan Hedman,
Regional Administrator, Region 5.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart O--Illinois
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2. Section 52.726 is amended by adding paragraph (hh) to read as
follows:
Sec. 52.726 Control strategy: Ozone.
* * * * *
(hh) Disapproval. EPA is disapproving 35 Illinois Administrative
Code part 217, subpart X, Voluntary
[[Page 64953]]
NOX Emissions Reduction Program, as a revision to the
Illinois SIP.
[FR Doc. 2010-26438 Filed 10-20-10; 8:45 am]
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